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I-140 porting category and priority date both ?

New York, NY | July 31, 2013 2:47pm

Hi All,
I have an approved I-140 with my previous employer. And my new employer is starting my perm process again.
I am aware of the fact that i would be able to use my PD from the approved I-140 with the new application.
But, my current employer will be filing my perm under EB3 instead of EB2. So even if i use the EB2 PD, I will still be pushed back in the waiting queue as i will be then unde EB3 queue.
When i mentioned this to the laywer, he said when filing for my new I-140, I would not only be able to use the PD from it but also will be able to use the category in which it was filed with. So that means i would still be able to file under EB2 instead of EB3 category.
I wanted to check with the experts here, if this is a true statement.

Impossible to give a meaningful answer without knowing all the facts, I.e. examining the new PERM position; comparing to the old; and etc. Spend a fistful of dollars to sit down with a local immigration lawyer to examine in detail and tell you.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

PD retention is generally do-able unless the first I-140 was withdrawn. The "upgrade" that you refer to in the second part of your question is possible sometimes but very case-specific. An attorney would have to closely review the PERM job requirements, among other aspects, to determine whether this it is a possibility under your circumstances and advise your employer accordingly.

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